It is common practice for parties in a case to exchange evidence and information. This process is called discovery. There are strict rules and requirements for discovery, and failing to comply with requests from the opposing party may adversely affect your case. Heijmen v. Heijmen In the case of Heijmen…
Y Michael Yin, JD In civil cases, defendants sometimes go to great lengths to avoid being served. The reasons they do this can come down to anything, including just making it difficult for you. Service according to our rules of civil procedure begins with the sheriff or by mailing it…
In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders. Permanency Planning in North Carolina…
Y Michael Yin, JD In Nevada, the Supreme Court recently issued a ruling affirming the public’s constitutional right to access Family Court proceedings, overturning a rule change that had closed some hearings. The Court found that the rule violated the First Amendment right to access court proceedings. In the ruling,…
Domestic violence is a severe offense. If you’ve been falsely accused by a spouse, partner, or household member, you must take the allegations seriously, even if you know you are innocent. What is Domestic Violence? Domestic violence includes a variety of threatening, harassing, or harmful behaviors committed against one of…
Any parent over the age of 18 whose rights have not been terminated has an obligation to financially support their children. If you are going through a divorce, have recently separated from your child’s other parent, or are involved in a child support matter for any other reason, it can…
Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s…
Equitable distribution in North Carolina is presumed to mean an equal split of marital property, but what happens if this division is unfair or unjust? Dividing Marital Property in North Carolina Assets and debts are considered marital, separate, or divisible property. Marital property can be included in the division of…
Custody and visitation disputes between parents focus on the best interest of their child, but this is not the standard used when non-parents are involved. North Carolina only allows non-parents to file for custody or visitation in limited circumstances. When these issues between a parent and a non-parent are litigated…
The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established…